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|
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...continued
46. During this reporting period, the Commission also took note of several judgments issued by the Court in 2003 in relation to the cases before it, including: the judgment on merits and reparations in the “Cinco Pensionistas” Case (Peru), issued on February 28, 2003; the judgment on preliminary objections, merits and reparations in the Juan Humberto Sánchez Case (Honduras); Advisory Opinion OC-18, issued on September 17, 2003; the judgment on merits and reparations in the Bulacio Case (Argentina), issued on September 18, 2003; and the decision on compliance with the judgment in the Last Temptation of Christ Case (Chile), issued on November 28, 2003.
F. Thirty-third regular session of the OAS General Assembly
47. During the thirty-third regular session of the General Assembly of the Organization of American States, which was held in Santiago, Chile from June 8-10, 2003, the Commission was represented by its President, Marta Altolaguirre; José Zalaquett, First Vice-President; Executive Secretary Santiago Canton, IACHR Special Rapporteur for Freedom of Expression Eduardo Bertoni; and professional staff of the Secretariat. The Commission’s President addressed the General Assembly on the general situation of human rights in the OAS member states, which included expressions of concern over the progressive deterioration of the democratic institutional framework in numerous states of the Hemisphere, and also formally presented the Commission's 2002 Annual Report.
48. The General Assembly adopted several resolutions in the area of human rights and humanitarian law. Because of their importance for the promotion and defense of human rights in the Americas and for consolidation of the inter-American system, the following resolutions are reproduced below:
AG/RES. 1917 (XXXIII-O/03)
OBSERVATIONS AND RECOMMENDATIONS ON THE
ANNUAL REPORT
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
HAVING SEEN the Observations and Recommendations of the Permanent Council on the Annual Report of the Inter-American Commission on Human Rights (AG/doc.4221/03);
CONSIDERING:
That, in the Charter of the Organization of American States, the member states have proclaimed, as one of their[JC1] principles, respect for the fundamental rights of the individual without distinction as to race, nationality, creed, or sex; and that, under the OAS Charter and the American Convention on Human Rights, the principal function of the Inter-American Commission on Human Rights is to promote the observance and protection[JC2] of human rights; and
That, in the Declaration of the Third Summit of the Americas, held in Quebec City, the Heads of State and of Government stated [JC3]that their “commitment to full respect for human rights and fundamental freedoms is based on shared principles and convictions” and that they supported “strengthening and enhancing the effectiveness of the inter-American human rights system, which includes the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights”; and
RECOGNIZING the efforts made by member states to promote an increase in the budgets of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, as is evidenced in the provisions adopted in OAS Permanent Council resolutions CP/RES. 831 (1342/02) of November 6, 2002, and CP/RES. 835 (1352/03) of January 29, 2003,
RESOLVES:
1. To endorse the observations and recommendations of the Permanent Council on the annual report of the Inter-American Commission on Human Rights (CP/CAJP-2061/03) and to forward them to that organ.
2. To reaffirm the essential value of the work carried out with full autonomy by the Inter-American Commission on Human Rights to enhance the protection and promotion of human rights in the Hemisphere.
3. To urge the OAS member states:
a. To consider signing and ratifying, or acceding to, as the case may be, all legal instruments of the inter-American human rights system;
b. To follow up on the recommendations of the Inter-American Commission on Human Rights; and
c. To continue to take appropriate action in connection with the annual reports of the Inter-American Commission on Human Rights, in the context of the Permanent Council and the General Assembly of the Organization.
4. To note with satisfaction the decisions taken by governments of member states to invite the Inter-American Commission on Human Rights to visit their respective countries and to encourage all member states to continue this practice.
5. To instruct the Permanent Council to continue to examine ways to bring about an effective and adequate increase in the financial resources allocated to the Inter-American Commission on Human Rights in the program-budget of the Organization.
6. In addition, to urge the OAS member states to contribute to the Specific Fund for Strengthening the Inter-American System for the Protection and Promotion of Human Rights.
7. To invite the Inter-American Commission on Human Rights:
a. To continue to publish on its Internet page, when member states so request, their observations and recommendations on its annual report to the General Assembly;
b. To continue to strengthen existing rapporteurships and operational units; and
c. To continue to dialogue with member states within the framework of the Committee on Juridical and Political Affairs, in light of the application of its new Rules of Procedure, in particular in order to shed light on the criteria used in its principal mechanisms for the protection of human rights, such as precautionary measures, on-site visits, publication of reports, friendly settlement, and periods for review and initial processing of petitions.
8. To
recommend to the Inter-American Commission on Human Rights that it
continue to take into account the observations and recommendations of
the member states on its annual report and that it adopt such measures
as it considers pertinent based on those observations and
recommendations. 9. To request the Permanent Council to report to the General Assembly at its thirty-fourth regular session on the implementation of this resolution, which will be carried out within the resources allocated in the program-budget of the Organization and other resources.
AG/RES. 1918 (XXXIII-O/03)
OBSERVATIONS AND RECOMMENDATIONS ON THE
ANNUAL REPORT OF
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
HAVING SEEN the Observations and Recommendations of the Permanent Council on the Annual Report of the Inter-American Court of Human Rights (AG/doc.4222/03);
CONSIDERING:
That, in the Declaration of Quebec City, adopted at the Third Summit of the Americas, the Heads of State and Government said that their “commitment to full respect for human rights and fundamental freedoms is based on shared principles and convictions” and that they supported “strengthening and enhancing the effectiveness of the inter American human rights system, which includes the Inter-American Commission on Human Rights and the Inter-American Court of Human Rights”;
That Article 54.f of the Charter of the Organization of American States establishes that it is a function of the General Assembly to consider the observations and recommendations presented by the Permanent Council on the reports of the organs, agencies, and entities of the Organization, in accordance with Article 91.f of the Charter; and
That Article 65 of the American Convention on Human Rights establishes that “[t]o each regular session of the General Assembly of the Organization of American States the Court shall submit, for the Assembly’s consideration, a report on its work during the previous year. It shall specify, in particular, the cases in which a state has not complied with its judgments, making any pertinent recommendations”;
TAKING INTO ACCOUNT the presentation by the President of the Inter-American Court of Human Rights (CP/doc.3654/02), in which the Court’s needs and goals are described, as well as its proposed budget for 2004 (CP/doc.3689/03); and
RECOGNIZING the efforts made by the member states regarding increased budgets for the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, as is evident from OAS Permanent Council resolutions CP/RES. 831 (1342/02), of November 6, 2002, and CP/RES. 835 (1352/03), of January 29, 2003,
RESOLVES:
1. To endorse the observations and recommendations of the Permanent Council on the annual report of the Inter-American Court of Human Rights and to transmit them to that organ.
2. To reaffirm the essential value of the work of the Inter-American Court of Human Rights in enhancing the promotion and defense of human rights in the Hemisphere.
3. To reiterate that the judgments of the Inter-American Court of Human Rights are final and may not be appealed and that the states parties to the Convention undertake to comply with the decisions of the Court in all cases to which they are party.
4. To instruct the Permanent Council to continue its consideration of the issue of “access of victims to the Inter-American Court of Human Rights (ius standi) and its application in practice,” including its financial and budgetary implications, taking into account the report of the Inter-American Court of Human Rights entitled “Bases for a Draft Protocol to the American Convention on Human Rights to Strengthen Its Mechanism for Protection – Volume II”; the proposal presented by the Government of Costa Rica, “Draft Optional Protocol to the American Convention on Human Rights”; and the revised Rules of Procedure of the Inter-American Court of Human Rights and of the Inter-American Commission on Human Rights.
5. To instruct the Permanent Council to continue to examine ways to bring about an effective and adequate increase in the financial resources allocated to the Court in the program-budget of the Organization.
6. In addition, to encourage the OAS member states to contribute to the Specific Fund for Strengthening the Inter-American System for the Protection and Promotion of Human Rights.
7. To urge the OAS member states to consider signing and ratifying, ratifying, or acceding to, as the case may be, the American Convention on Human Rights and other instruments of the system, including acceptance of the binding jurisdiction of the Inter-American Court of Human Rights.
AG/RES. 1919 (XXXIII-O/03)
AMERICAN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
RECALLING its resolutions AG/RES. 1022 (XIX-O/89), AG/RES. 1479 (XXVII-O/97), AG/RES. 1549 (XXIX-O/99), AG/RES. 1708 (XXX-O/00), AG/RES. 1780 (XXXI-O/01), and AG/RES. 1851 (XXXII-O/02);
BEARING IN MIND the commitments undertaken by the Heads of State and Government in the Declaration and Plan of Action of the Third Summit of the Americas, held in Quebec City, when they supported an early and successful conclusion of negotiations on the Draft American Declaration on the Rights of Indigenous Peoples;
ACKNOWLEDGING the important contributions of the Specific Fund to Support the Preparation of the American Declaration on the Rights of Indigenous Peoples and the efficient work of the selection board in choosing representatives of indigenous peoples to receive financing from the Specific Fund; and
TAKING INTO ACCOUNT the report of the Chair of the Working Group on the Group's activities over the past year, which points out the substantial progress made, with ample participation by representatives of indigenous peoples, in the analysis of the Draft Declaration during the meetings of the Working Group to Prepare the Draft Declaration, and, in particular, at the most recent special meeting, held from February 24 to 27, 2003, at the headquarters of the Organization of American States, pursuant to resolution AG/RES. 1851 (XXXII-O/02),
RESOLVES:
1. To reaffirm as a priority of the Organization of American States the adoption of the American Declaration on the Rights of Indigenous Peoples, underscoring the importance of participation by indigenous peoples in the process of elaboration of the Draft Declaration.
2. To commend the progress made by the Working Group, particularly at the special meeting of February 2003, at which the phase of analysis of the Draft Declaration presented by the Inter-American Commission on Human Rights was completed.
3. To renew the mandate of the Working Group in order to begin the final phase of negotiations on the Draft Declaration, starting from the consolidated text of the Draft Declaration prepared by the Chair of the Working Group and considering the Draft Declaration presented by the Inter-American Commission on Human Rights and the proposals by member states, representatives of indigenous peoples, specialized agencies, and other entities.
4. To request the Permanent Council:
a. To instruct the Working Group to begin, with a first round in October 2003, the final phase of negotiations and to set dates and modalities for the other meetings, as necessary, to achieve this objective;
b. To instruct the Working Group to take appropriate measures to ensure continued transparency and effective participation by representatives of indigenous peoples during the negotiations that will take place exclusively among the member states;
c. To convene at least one special meeting of the Working Group, by February 28, 2004, with ample participation by representatives of indigenous peoples, in order to review progress and assess the level of consensus on the Draft Declaration, and
d. To decide, when appropriate, on the steps to be taken for adoption of the American Declaration, in the event that substantive progress is made in the negotiations phase.
5. To thank the member states, permanent observers, and institutions for their valuable contributions to the Specific Fund and to invite all states and institutions to continue providing support, by way of contributions, for the objectives of the Fund.
6. To invite the governments of the member states to conduct domestic consultations with their respective indigenous peoples on the Draft Declaration, and to promote information exchanges among countries regarding those consultations. 7. To request the Secretary General to enhance coordination, awareness, and promotion of activities on indigenous issues among the various pertinent bodies and dependencies of the Organization and to promote the exchange of information and coordination with multilateral organizations, development banks, and specialized multilateral agencies of the Hemisphere on these activities.
8. To request the Inter-American Commission on Human Rights and its Special Rapporteur on Indigenous Peoples to continue to lend their valuable support for the process of the elaboration of the American Declaration on the Rights of Indigenous Peoples; and to thank them for their ongoing contributions to that process. Likewise, to express appreciation to the Special Advisor to the Secretary General on Indigenous Peoples for his work.
9. To invite the multilateral organizations, development banks, and specialized multilateral agencies of the Hemisphere to contribute, within their areas of competence, to establishing a process of dialogue and consultation with indigenous peoples and to facilitate information exchange and coordination with other bodies of the inter-American system on activities pertaining to indigenous peoples.
10. To request the Permanent Council to follow up on this resolution, which shall be implemented within the resources allocated in the program-budget of the Organization and other resources, and to present a report to the General Assembly at its thirty-fourth regular session on its implementation.
AG/RED. 1920 (XXXIII-O/03)
HUMAN RIGHTS DEFENDERS: SUPPORT FOR THE INDIVIDUALS, GROUPS,
AND CIVIL SOCIETY ORGANIZATIONS WORKING TO
PROMOTE AND
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4156/03 add. 3), in particular as it pertains to this topic and resolution AG/RES. 1842 (XXXII-O/02), “Human Rights Defenders in the Americas”;
CONCERNED that situations persist in the Americas that directly or indirectly prevent or hamper the work of individuals, groups, or organizations working to promote and protect fundamental rights;
CONSIDERING that member states support the work carried out by human rights defenders and recognize their valuable contribution to the promotion, observance, and protection of human rights and fundamental freedoms in the Americas, as well as to the representation and defense of individuals, minorities, and other groups of persons whose rights are threatened or violated; and
TAKING INTO ACCOUNT the work accomplished by the Unit for Human Rights Defenders of the Inter-American Commission on Human Rights and the member states’ replies to the questionnaire drawn up by that Unit with a view to preparing a comprehensive report on the subject,
RESOLVES:
1. To reiterate its support for the work carried out, at both the national and the regional level, by human rights defenders; and to recognize their valuable contribution to the promotion, observance, and protection of human rights and fundamental freedoms in the Hemisphere.
2. To condemn actions that directly or indirectly prevent or hamper the work of human rights defenders in the Americas.
3. To urge member states to continue stepping up their efforts to adopt the necessary measures to safeguard the lives, freedom, and personal safety of human rights defenders and, in all cases of transgressions against human rights defenders, to conduct thorough and impartial investigations, and to ensure that the findings thereof are transparent and disseminated.
4. To invite the Inter-American Commission on Human Rights to conclude its comprehensive report on the situation of human rights defenders in the Americas, pursuant to resolution AG/RES. 1842 (XXXII-O/02), for presentation to the Permanent Council for its consideration, if possible, in 2003.
5. To request the Inter-American Commission on Human Rights to continue to give due consideration to this matter at the level it deems appropriate, to continue intensifying its dialogue and cooperation with the Special Representative of the United Nations Secretary-General on Human Rights Defenders, and to report to the Permanent Council in due course.
6. To invite member states to promote the dissemination and enforcement of the instruments of the inter-American system and the decisions of its bodies on this matter, as well as the United Nations Declaration on the Right and Responsibility of Individuals, Groups and Organs of Society to Promote and Protect Universally Recognized Human Rights and Fundamental Freedoms.
7. To urge those member states that have not yet done so to reply to the questionnaire prepared by the Unit for Human Rights Defenders of the Inter-American Commission on Human Rights.
AG/RES. 1925 (XXXIII-O/03)
STRENGTHENING OF HUMAN RIGHTS SYSTEMS
PURSUANT TO THE
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4156/03 add. 3) and resolutions AG/RES. 1828 (XXXI-O/01) and AG/RES. 1890 (XXXII-O/02);
REAFFIRMING that the universal protection and promotion of human rights, including civil, cultural, economic, political, and social rights, as well as respect for the rules and principles of international humanitarian law, based on the principles of universality, indivisibility, and interdependence, are fundamental to the functioning of democratic society; and stressing the importance of respect for the rule of law, equal and effective access to justice, and participation by all elements of society in public decision-making processes;
BEARING IN MIND the Declaration and the Plan of Action of the Third Summit of the Americas, adopted in Quebec City, Canada; and
CONSIDERING:
That it is a fundamental responsibility of the Organization of American States to provide appropriate follow-up to the mandates of the Third Summit of the Americas regarding the strengthening of the inter-American human rights system; and
That, in addition, the Organization of American States can serve as a forum for contributing to the efforts of member states in the development and strengthening of national systems for the promotion and protection of human rights,
RESOLVES:
1. To reaffirm the commitment of member states of the Organization to continue strengthening and improving the inter-American human rights system, in particular the functioning of the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights.
2. To reaffirm the intent of the Organization of American States to continue taking concrete measures aimed at implementing the mandates of the Heads of State and Government on the strengthening and improvement of the inter-American human rights system, as set forth in the Plan of Action of the Third Summit of the Americas:
a. Universalization of the inter-American human rights system;
b. Compliance with judgments of the Inter-American Court of Human Rights and follow-up of the recommendations of the Inter-American Commission on Human Rights;
c. Facilitation of access for individuals to the inter-American human rights system;
d. A substantial increase in the budget of the Inter-American Court of Human Rights and that of the Inter-American Commission on Human Rights so that, within a reasonable time, the organs of the system may address their growing activities and responsibilities; and
e. Examination of the possibility that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights may come to operate on a permanent basis, taking into account, among other things, the views of those organs.
3. To underscore recent progress made in the specific areas of the inter-American human rights system identified in the Plan of Action of the Third Summit of the Americas, namely:
a. i. Signature by Chile of the Additional Protocol to the American Convention on Human Rights in the Area of Economic, Social, and Cultural Rights, or “Protocol of San Salvador”;
ii. Ratification by Peru of the Inter-American Convention on Forced Disappearance of Persons, and its signature and ratification by Mexico;
iii. Signature by Chile of the Protocol to the American Convention on Human Rights to Abolish the Death Penalty;
iv. Ratification by Suriname of the Inter-American Convention on the Prevention, Punishment, and Eradication of Violence against Women, or “Convention of Belém do Pará”; and
v. Ratification by Brazil, Chile, El Salvador, Guatemala, Nicaragua, Paraguay, Peru, and Uruguay of the Inter-American Convention on the Elimination of All Forms of Discrimination against Persons with Disabilities;
b. The increase in Regular Fund resources allocated to the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights and the voluntary contributions by Argentina, Brazil, Costa Rica, Mexico, and the United States, as well as by Finland and Spain, to facilitate the work of those bodies;
c. Application of the new Rules of Procedure of the Inter-American Court of Human Rights and of the Inter-American Commission on Human Rights; and
d. The ongoing support from member states of the Organization for the organs of the human rights system and the important work of those organs to protect and promote human rights in the Hemisphere.
4. To instruct the Permanent Council to complement and consolidate the progress referred to in operative paragraph 3 by:
a. Continuing to examine ways to bring about an effective and adequate increase in the financial resources allocated to the organs of the inter-American human rights system in the program-budget of the Organization;
b. In addition, encouraging the member states of the Organization to contribute to the Specific Fund for Strengthening the Inter-American System for the Protection and Promotion of Human Rights;
c. Continuing to examine the possibility that the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights may come to operate on a permanent basis, taking into account the information provided by the presidents of those bodies on April 19, 2002 (CP/CAJP-1933/02 and CP/CAJP-1931/02);
d. Holding a meeting of the Committee on Juridical and Political Affairs to consider means of promoting compliance by member states with the judgments of the Court and follow-up on the recommendations of the Commission by member states; and
e. Studying, with the support of the General Secretariat and taking into account the views of both the Inter-American Court of Human Rights and the Inter-American Commission on Human Rights, the relationship between the rules of procedure of those organs and the provisions of their statutes and of the American Convention on Human Rights.
5. To instruct the Secretary General to include among his high-level activities the promotion of accession to all inter-American human rights instruments.
6. To promote the strengthening of national systems for the protection and promotion of human rights in member states and, to that end, to request the pertinent organs, agencies, and entities of the Organization to develop cooperative relations and information exchange with the Network of National Institutions for the Promotion and Protection of Human Rights of the Americas.
7. To request the areas, units, and offices of the General Secretariat involved with human rights issues to work with the Permanent Council in implementing this resolution.
8. To request the Permanent Council to report to the General Assembly at its thirty-fourth regular session on the implementation of this resolution.
AG/RES. 1926 (XXXIII-O/03)
HUMAN RIGHTS AND THE ENVIRONMENT IN THE AMERICAS
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
The General Assembly,
HAVING SEEN the report of the Permanent Council to the General Assembly (AG/doc.4156/03 add. 3);
TAKING NOTE of the report of the Secretary General (CP/CAJP-2042/03) and the presentations to the Committee on Juridical and Political Affairs of the Permanent Council by the Executive Secretariat of the Inter-American Commission on Human Rights and the Unit for Sustainable Development and Environment on their work in the field of human rights and the environment (CP/CAJP-1996/02 and CP/CAJP-1998/02), and contributions of civil society experts on human rights and the environment (CP/CAJP-1999/02);
RECALLING the commitments of Heads of State and Government with respect to sustainable development, climate change, environmental protection, and disaster management, as set out in the Declaration and the Plan of Action of the Third Summit of the Americas, held in Quebec City, and in the Declaration of Santa Cruz de la Sierra and the Plan of Action for the Sustainable Development of the Americas;
GUIDED by the American Declaration of the Rights and Duties of Man, the American Convention on Human Rights, the Additional Protocol to the American Convention on Human Rights in the area of Economic, Social, and Cultural Rights, and other related human rights instruments;
GUIDED ALSO by the Johannesburg Declaration on Sustainable Development and the Plan of Implementation of the World Summit on Sustainable Development, adopted in South Africa on September 4, 2002;
TAKING INTO ACCOUNT the work done by the United Nations, as reflected in the 1972 Declaration of the Stockholm Conference on the Human Environment, the 1992 Rio Declaration on Environment and Development, the 1992 Convention on Biological Diversity, the 1989 Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, and other relevant instruments of international environmental law;
RECALLING resolutions AG/RES. 1819 (XXXI-O/01) and AG/RES. 1896 (XXXII-O/02), on human rights and the environment, in which the Organization of American States took on a leading international role, stressing the importance of promoting environmental protection and the full realization of human rights; and
Acknowledging a growing awareness of the need to manage the environment in a sustainable manner to promote human dignity and well-being,
RESOLVES:
1. To continue to promote institutional cooperation in the field of human rights and the environment between the Organization of American States and other multilateral institutions, including the United Nations and its specialized agencies, the World Bank, the Inter-American Development Bank, and regional development banks.
2. To continue to encourage institutional cooperation in the area of human rights and the environment in the framework of the Organization, in particular between the Inter-American Commission on Human Rights and the Unit for Sustainable Development and Environment.
3. To instruct the Secretary General to continue, through the Unit for Sustainable Development and Environment in coordination with the Inter-American Commission on Human Rights, the dialogue with member states and civil society organizations and the implementation of activities in the field of human rights and the environment, taking into account the work done on this topic within the United Nations, including the United Nations Commission on Human Rights, the Economic and Social Council, the United Nations Environment Programme, the United Nations Commission on Sustainable Development, and the United Nations Development Programme.
4. To instruct the Permanent Council to hold a meeting of the Committee on Juridical and Political Affairs during the second half of 2003, to which it should invite the Inter-American Commission on Human Rights, and in which the Unit for Sustainable Development and Environment should participate, for continued examination of their work in the field of human rights and the environment.
5. To request the Secretary General to report to the General Assembly at its thirty-fourth regular session on the implementation of this resolution, which will be carried out within the resources allocated in the program-budget of the Organization and other resources.
AG/RES. 1927 (XXXIII-O/03)
STUDY OF THE RIGHTS AND THE CARE OF
PERSONS UNDER
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4156/03 add. 3) and resolution AG/RES. 1897 (XXXII-O/02);
TAKING INTO ACCOUNT:
That consultations with the member states on this subject have continued within the Committee on Juridical and Political Affairs and that a number of them have replied to the questionnaire prepared for that purpose (CP/CAJP-1853/01 rev. 1);
The presentation given on December 12, 2002, by the Inter-American Commission on Human Rights to the Committee on Juridical and Political Affairs (CP/CAJP-2007/02), pursuant to resolution AG/RES. 1897 (XXXII-O/02); and
That the Fourth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas heard proposals for drafting a document to protect the fundamental rights of detained persons (REMJA-IV/doc.24/02 rev. 2),
RESOLVES:
1. To instruct the Permanent Council to continue to study the question of the rights and the care of persons under any form of detention or imprisonment, in cooperation with the competent organs and agencies of the inter-American system and taking into account the conclusions and recommendations of the meeting of authorities responsible for penitentiary and prison policies as expressed in the Recommendations and Conclusions of the Fourth Meeting of Ministers of Justice or of Ministers or Attorneys General of the Americas.
2. To urge those member states that have not already done so to reply as soon as possible to the questionnaire entitled: “Study of the Rights and the Care of Persons under Any Form of Detention or Imprisonment” (CP/CAJP-1853/01 rev. 1).
3. To request the Inter-American Commission on Human Rights to report on the situation of persons under any form of detention or imprisonment in the Hemisphere, using as a basis its work on the subject.
4. To reiterate to the Permanent Council that, on the basis of the discussions held and the studies conducted, it should consider the advisability of preparing, in due course, an inter-American declaration on the rights and the care of persons under any form of detention or imprisonment.
5. To request the Permanent Council to report to the General Assembly at its thirty-fourth regular session on the implementation of this resolution.
AG/RES. 1928 (XXXIII-O/03)
THE HUMAN RIGHTS OF ALL MIGRANT WORKERS AND THEIR FAMILIES
(Resolution adopted at the fourth plenary session, held on June 10, 2003)
THE GENERAL ASSEMBLY,
HAVING SEEN the Annual Report of the Permanent Council to the General Assembly (AG/doc.4156/03 add. 3);
TAKING INTO ACCOUNT the Annual Report of the Inter-American Commission on Human Rights (CP/doc.3709/03), especially the chapter on the situation of migrant workers and members of their families in the Hemisphere; TAKING NOTE of the document entitled “Inter-American Program for the Promotion and Protection of the Human Rights of Migrants in the Framework of the Organization of American States” (CP/CAJP-2038/03);
REAFFIRMING that the American Declaration of the Rights and Duties of Man proclaims that all persons are equal before the law and have the rights and duties enshrined in that declaration, without distinction as to race, sex, language, creed, or any other factor.
EMPHASIZING that the American Convention on Human Rights recognizes that the essential rights of man are not derived from one’s being a national of a certain state, but are based upon attributes of the human personality;
CONSIDERING:
That the Heads of State and Government, gathered at the Third Summit of the Americas, recognized the cultural and economic contributions made by migrants to receiving societies as well as to their communities of origin and pledged to ensure dignified, humane treatment with appropriate legal protections and to strengthen mechanisms for hemispheric cooperation to address the legitimate needs of migrants;
The positive contributions often made by migrants, both to their countries of origin and to the receiving countries, including their gradual incorporation into the receiving societies, and the efforts made by some receiving countries to integrate migrants;
That the 20th instrument of ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families has been deposited, which means that the Convention can now effectively enter into force; and
Advisory Opinion OC-16, issued by the Inter-American Court of Human Rights, on the Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law;
BEARING IN MIND:
That, in the Strategic Plan for Partnership for Development 2002-2005, support for vulnerable groups such as migrant workers was identified as a priority in the implementation of policies and programs to facilitate access to the labor market and to improve working conditions; and
That the Plan of Action of the Third Summit of the Americas provided for the establishment of an inter-American program within the Organization of American States for the promotion and protection of the human rights of migrants, including migrant workers and their families, taking into account the activities of the Inter-American Commission on Human Rights and supporting the work of its Special Rapporteur for Migrant Workers and Their Families and the Special Rapporteur on the Human Rights of Migrants of the United Nations Commission on Human Rights;
CONCERNED over the extremely vulnerable situation in which many migrant workers and their families find themselves and over the persistent obstacles that prevent them from fully exercising their human rights; and
BEARING IN MIND that migrants
are often victims of mistreatment, discrimination, racism, and
xenophobia, RESOLVES:
1. To reaffirm that the principles and standards set forth in the American Declaration of the Rights and Duties of Man and in the American Convention on Human Rights take on special importance with respect to protection of the rights of migrant workers and their families.
2. To reaffirm the duty of states parties to the 1963 Vienna Convention on Consular Relations to comply with that Convention, including the right to communication between consular officers and their nationals, regardless of immigration status, in case of detention and the obligation of the states parties in whose territory the detention occurs to inform the foreign national of that right; and, in that connection, to call the attention of states to Advisory Opinion OC-16 of the Inter-American Court of Human Rights.
3. To urge member states to consider the signature and ratification of, ratification of, or accession to, the inter-American human rights instruments, as the case may be, and to take the necessary measures to guarantee the human rights of all migrants, including migrant workers and their families.
4. To take note of the upcoming entry into force, on July 1, 2003, of the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families; and, accordingly, to urge member states to consider the signature and ratification of that instrument, as the case may be.
5. To instruct the Permanent Council:
a. To convene a special meeting of the Committee on Juridical and Political Affairs for this year, at which the Committee will begin, without delay, to prepare an Inter-American Program for the Promotion and Protection of the Human Rights of Migrants, with a view to its eventual adoption, starting from the draft presented by the Inter-American Commission on Human Rights (CP/CAJP-2038/03); and
b. To continue supporting the work of the Inter-American Commission on Human Rights in this area and to take into account the efforts of other international organizations on behalf of migrant workers and their families, with a view to helping to improve their situation in the Hemisphere and, in particular and where applicable, the efforts of the Special Rapporteur on the Human Rights of Migrants of the United Nations Commission on Human Rights and those of the International Organization for Migration (IOM).
6. To request the Inter-American Agency for Cooperation and Development (IACD) to strengthen communication and coordination with the Inter-American Commission on Human Rights,, the IOM, the International Labour Organization, and other pertinent organizations, agencies, and entities and, in that context, to follow up in particular on IACD partnership-for-development activities, under the Strategic Plan for Partnership for Development 2002-2005, related to the situation of migrant workers and members of their families.
7. To recommend to the Inter-American Commission on Human Rights that it:
a. Consider the advisability of participating in joint cooperation projects conducted by the IACD in this area;
b. Provide the Special Rapporteur for Migrant Workers and Their Families in the Hemisphere with the necessary and appropriate means to perform his or her duties, within the resources allocated in the program-budget of the Organization and other resources; and
c. Present to the Permanent Council a report on the status of the rights of all migrant workers and their families prior to the thirty-fourth regular session of the General Assembly.
8. To invite the member states; permanent observers; organs, agencies, and entities of the inter-American system; and others to contribute to the Voluntary Fund of the Office of the Special Rapporteur for Migrant Workers and Their Families of the Inter-American Commission on Human Rights.
9. To request the Permanent Council to report to the General Assembly at its thirty-fourth regular session on the implementation of this resolution, which will be carried out in accordance with resources allocated in the program-budget of the Organization and other resources.
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